[2023] KEHC 972 (KLR)
The court found that the applicant had previously filed a similar application for leave to appeal out of time, giving different reasons for the delay. In the current application, the applicant failed to provide a sworn affidavit or any evidence to support his claims of pauperism or to justify the delay in filing the...
Source-derived case information.
- Citation
- [2023] KEHC 972 (KLR)
- Parties
- Applicant: Leonard Otieno Omullo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E012 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time and to Appeal as a Pauper
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Pauper Appeal, Defilement Conviction, Life Imprisonment Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Otieno Omullo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time and to Appeal as a Pauper
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause to be granted leave to appeal out of time.
- 2 Whether the applicant qualifies to appeal as a pauper without payment of court fees.
Ratio Decidendi
The court found that the applicant had previously filed a similar application for leave to appeal out of time, giving different reasons for the delay. In the current application, the applicant failed to provide a sworn affidavit or any evidence to support his claims of pauperism or to justify the delay in filing the appeal. The court held that there was no sufficient cause shown to warrant the grant of leave to appeal out of time, and no evidence to support the request to appeal as a pauper. The notice of appeal was already validly on record, and the applicant was directed to pay the requisite court fees for the preparation and compilation of the record of appeal. Consequently, both...
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is rejected.
- The application to appeal as a pauper is declined and dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
Omullo v Republic (Miscellaneous Criminal Application E012 of 2023) [2023] KEHC 972 (KLR) (20 February 2023) (Ruling)
Neutral citation: [2023] KEHC 972 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E012 of 2023
RE Aburili, J
February 20, 2023
Between
Leonard Otieno Omullo
Applicant
and
Republic
Respondent
(An Application for leave to appeal in Bondo PM SO No. 54 of 2020; in Siaya HCCRA No. E019/2021 and in Siaya Misc. Cr. Application No. E018 of 202 Criminal Appeal E019 of 2021 )
Ruling
1. The applicant herein Leonard Otieno Omullo was convicted of defiling a 10 year old child, which conviction and sentence of life imprisonment was upheld on appeal. He filed a similar application on February 14, 2022 seeking the same orders but giving different reasons for failure to file his appeal within time saying his family members let him down. Now he claims that his advocate did not file the appeal on time and that he is a pauper. No sworn affidavit is attached to demonstrate reasons given on oath and or evidence of pauperism.
2. Whereas in the application filed on February 14, 2022 there was a notice of appeal, I find no reason why the applicant convict should continue filing same applications for same orders.
3. The notice of appeal was validly on record. He should pay for the preparation and compilation of a record to the Court of Appeal.
4. I direct the Registry to asses and notify the applicant of the requisite court fees for compiling of the record of appeal.
5. The application for leave to appeal out of time is rejected, for the reason given above.
6. The application to appeal as a pauper is declined and dismissed as no affidavit evidence of pauperism is demonstrated.
7. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 20THDAY OF FEBRUARY, 2023R.E. ABURILIJUDGE